Protecting the rights of homeless children
Tuesday, August 16th, 2011 10:00 PM
Oak Park District 97 reported in early August that 200 families have not responded to residency "re-verification," begun in April, putting their children at risk of not being re-enrolled in school this fall.
This summer, Chicago Coalition for the Homeless (CCH) worked with the Illinois State Board of Education to ensure that District 97 and other school districts correct their enrollment materials to accurately state school residency requirements, drop unlawful restrictions on families and, most particularly, properly serve homeless families.
Simple but critical points to remember:
As proof of residency, school registrars should accept any two documents that tend to establish that a family lives within the district. If a child is actually living with persons other than his parents, those other adults are entitled to enroll the child. Proof of residency cannot be required of students who are homeless (i.e. live in shelters, transitional programs, cars, parks, abandoned buildings or double-up with others due to hardship). For homeless families, enrollment must be immediate, with the school assisting in acquiring records afterwards.
Districts cannot force families to enroll on particular dates or be excluded from school. When they show up, they should be enrolled, though advance enrollment can be very helpful to the student and school.
Homeless students have the right to return to their previous school (or the school they were last enrolled in when permanently housed) and receive transportation to do so, even if the school is in another district.
Legal guardianship is not required to enroll a child in school. Homeless youth can enroll without an adult and must be given assistance by the district's homeless liaison.
School records are confidential and districts cannot lawfully call landlords and others asking about whether students are living in their units. Also, affidavits can be sufficient to establish residency, and the Illinois State Board of Education has a form available online that can be completed to do this.
Public schools must waive fees for all low-income families who cannot afford them. Students eligible for free breakfast and lunch are entitled to fee waivers. No fees can be lawfully required of homeless students if it prevents participation in any program of the school, including sports.
Laurene Heybach
Law Project director
Chicago Coalition for the Homeless
Reader Comments
Jim Coughlin
Posted: Sunday, August 21st, 2011 11:45 PM
And this leads us back to the debate on how does Oak Park address a lack of affordable housing? We've learned that seniors, persons with special needs and the working poor have few options. The trustees have pledged to keep the issue on a front burner and should release a report later this year.
education for all?
Posted: Sunday, August 21st, 2011 10:35 PM
This article emphasizes a far bigger issue - the federal mandate to educate children controlled on an inconsistent local level. We need to address the reason why parents are compelled to steal an out of district education for their children. Vouchers aren't the answer but at least they address the problem.
Jg Morales
Facebook Verified
Posted: Sunday, August 21st, 2011 8:20 PM
@Spend- Maybe if you paid more attention to detail you wouldn't have so many financial concerns. I never stated any objections to verification of residency. Furthermore, this is regarding children who were already registered in OP previously, not random children. Do some research...
jo
Posted: Sunday, August 21st, 2011 6:09 PM
In any case, it's not news to me. It does give me more respect for the school district when I see the restrictions that are placed on them. To me, it seems super-easy to verify residency, but the school has to tread carefully so as not to break any laws.
jo
Posted: Sunday, August 21st, 2011 6:04 PM
oopsie, I meant as the parent of a d97 kid! My kids aren't that delinquent...yet.
jo
Posted: Sunday, August 21st, 2011 6:03 PM
As the parent of a D97 parent, I didn't miss that news at all.
Kelly
Posted: Sunday, August 21st, 2011 5:43 PM
@Jo, you apparently missed all the news stories that explained that this is the first year that D97 has asked all families to verify residency, not just families that are new to D97. The last report said that 200 families had yet to verify residency.
jo
Posted: Sunday, August 21st, 2011 5:01 PM
@Spend, you mused about personally wanting to start a petition to stop the referendum if...not sure what you meant after that. Currently, the school does verify residency, to the extent allowed by law, don't they? And homeless kids are allowed to attend schools and schools aren't allowed to segregate. I don't know why the first part (homeless students being allowed to attend school) would lead to an attempt to reverse the referendum.
jo
Posted: Sunday, August 21st, 2011 4:57 PM
One of the fixed costs the district has to face is the cost of following the law. This is a law. I don't see vast numbers of homeless children pouring into Oak Park (do you?), and this isn't going to change things, since it's been the law for more than a decade.
Spend YOUR Money from OP
Posted: Sunday, August 21st, 2011 3:52 PM
@jo: The District cried poor because of rising costs. So, it would only follow that controlling avoidable and unnecessary costs has everything to do with the Referendum. That's why residency must be verified. If homeless kids can legally come here, then so be it. But let's make sure that we're clear on those definitions as well. Otherwise, we'll all wonder why we have to pay more to save arts and music again in just a few short years.
jo
Posted: Sunday, August 21st, 2011 3:48 PM
For anyone interested in the subject, more about the regulations here. http://www.nlchp.org/content/pubs/Basic McKinney Booklet (2007)1.pdf
jo
Posted: Sunday, August 21st, 2011 3:41 PM
I think it's a national requirement that all homeless children be able to attend school. Sometimes these schools are in Oak Park, sometimes they are in the hallowed hills of Dupage. And of course this has nothing to do with the referendum. I love how some people start invoking revocation anytime they hit a speed bump wrt the referendum.
Spend YOUR money, not mine from OP
Posted: Sunday, August 21st, 2011 3:37 PM
@JG Morales and Money: Feel free to spend your money any way you wish, heck you can even adopt your own homeless child and educate them here in OP...but there are plenty of people who would like residency verified. I'm one of them. In fact, I insist on it-- if they don't, I'll personally start the petition to reverse the Referendum.
Money from Oak Park
Posted: Sunday, August 21st, 2011 12:55 PM
Leave the kids alone. If a kid can get a better education in Oak Park, then let them. How will we ever improve if we deny a better education.
OP Parent
Posted: Sunday, August 21st, 2011 10:58 AM
I ride the green line to work, and have for years, and I haven't noticed any school-aged children arriving in the morning. Although as it happens there are multiple private schools w/in walking distance of green line stops (st. edmonds, alcuin, intercultural, just off the top of my head.)
Jg Morales
Facebook Verified
Posted: Sunday, August 21st, 2011 6:14 AM
If measures are taken to verify residency, making baseless assumptions about children riding the train is, in a manner of speaking, assuming the worse. "Those bastards are cheating me out of my tax dollars". Personally, I assume this was written for a reason. To say you've never heard of or read about such incidents previously does not mean it has not happened.
taxed2death from taxcity, usa
Posted: Sunday, August 21st, 2011 4:29 AM
In order to contain already astronomically high property taxes, measures must be employed to verify residency. I have never heard or read of a homeless student being denied access to OP schools, as well should be the case. However, questioning the residency of students (e.g., taking the green line) is not assuming the worst - it is ensuring taxes don't escalate to subsidize those who break the law by scamming the system.
Jg Morales
Facebook Verified
Posted: Saturday, August 20th, 2011 6:36 PM
As for your tax dollars: Please remember friends, welfare was created to keep you safe. There are a lot of people with strong opinions about this matter, but I suggest you do a little research in order to gain a better understanding of why using your tax dollars to help others actually benefits you. The short and the sweet: My children are always more important than your children. If I don't have the means or know-how to provide for my children within the law, what do you believe I would do? Look to other nations in which people regularly sell their own flesh and blood into prostitution and slavery. Being American, however, I'm sure I'd rob you first. The level of human desperation that can be reached is unfathomable to most of the people here, I presume. Feeling entitled to keep what you have is not going to keep you safe from those who wish to take it from you. When you consider that there are more struggling people in this nation than wealthy... the welfare system is one of the major components keeping this nation in one piece. While some major reforms should be made, as welfare can be used to either pacify the impoverished masses or give them the tools and resources they need to make it on their own... it's doing a world of good that a lot of you are clearly very blind to. Read the news papers. Yes, it very well could happen in your own backyard.
Jg Morales
Facebook Verified
Posted: Saturday, August 20th, 2011 5:59 PM
It seems this is about homeless children who were *last* registered in an Oak Park school. I also wondered if this was about random children when I first saw this article, but... as I continued to read, this doesn't seem to be about tons of random children being educated within our school system. This seems to be about children who were previously permanent residents of OP, but, due to unfortunate circumstances, no longer have a permanent residence. (Correct me if I'm wrong) If a girl is molested by her stepfather during her junior year, and has to go to a shelter, is it your opinion that she should not be allowed to finish her education at OPRF because of circumstances beyond her control? As for the green line, maybe they're going downtown to have some fun, or to stay with a relative after school until their parents are home from work. An after school job perhaps? Who knows, so why assume the worst of them?
Alan D. Lord
Posted: Saturday, August 20th, 2011 4:34 PM
Guess what Ms. Law project director for the homeless? OPRF, district 90 and 97 regularly call me to verify residency of my tenants. Why should that be illegal to verify residency?
taxed2death from taxcity, usa
Posted: Saturday, August 20th, 2011 8:23 AM
Are all the kids riding the green line every school day homeless?
Receipt, Please from Oak Park
Posted: Saturday, August 20th, 2011 7:31 AM
If my taxes are actually a donation to the "Educate Homeless Children Fund", I'd like the receipt for my tax-deductible donation, please.
Beloved, but Fed Up from OP
Posted: Saturday, August 20th, 2011 7:29 AM
...this letter demonstrates perfectly why I'll move to DuPage county as soon as I can and leave my beloved Oak Park behind.
Posted: Saturday, August 20th, 2011 7:23 AM
Thanks for explaining exactly why as an Oak Parker my taxes are so high, the schools are so mediocre, and there's no end in sight. Despite the high taxes I pay, my kids can't get the basic services they deserve and I already pay for. I don't wish to deny homeless children an education, but if they are truly "homeless" why is it my job as an Oak Park taxpayer to fund their education?
Oak Park Resident from Oak Park, IL
Posted: Saturday, August 20th, 2011 12:07 AM
Every homeless child in Chicago land should come to Oak Park for a free education. We'll even bus them here. No parents necessary at all. Oak Park will act ad the parent I guess.
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